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Judgment
Mr. Mohanty, learned advocate appears on behalf of petitioners and submits, his clients are inmates of an Ashram. There is a plantation in plot 21(P) and 22(P) under khata no.3 comprising area Ac.7.796 decimals and 0.280 decimals (total Ac. 8.076 decimals) in Mouza-Tangarhuda, PS-Cuttack Sadar. They sought permission under rule 9(A) in Odisha Government Land Settlement Rules, 1983. The Tahsildar by order dated 30th May, 2018 set conditions for grant of permission. His clients by undated representation made to opposite party no.1 has sought relaxation of the terms. He submits, there be direction upon the authority to consider the representation. There is impending imminent danger of encroachment of the plantation. State should also be directed to protect the same.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and submits, earlier petitioners had made W.P.(C) no.5347 of 2020 for same relief.
Mr. Mohanty hands up order dated 3rd March, 2020 made in W.P.(C) no.5347 of 2020. It appears, coordinate Bench observed that State functionaries shall protect the plantation, if any, existing over schedule land. It transpires that a plantation is there since, the Tahsildar has set terms to give permission over it.
Opposite party no.1 is directed to consider and deal with petitioners’ said undated representation being annexure-18 and inform them the result within four weeks of communication. State is also to see that the plantation is not encroached upon. Petitioners will communicate this order along with copy of the representation to said opposite party.
The writ petition is disposed of.
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